Injuries in a cycling accident rarely minor: Orlando

The amount of compensation an injured person or their family will receive in the wake of a cycling accident will depend in part on whether the cyclist was following the rules of the road, Toronto critical injury lawyer Dale Orlando says on Moose FM 103.3.

On the recent broadcast, Orlando, partner with McLeish Orlando LLP, discusses cycling and cycling safety, noting the activity continues to result in significant amounts of injuries each year – many life-threatening or fatal.

“Roughly 26,000 people in Ontario wound up in the emergency room this year as a result of a cycling accident, and that’s really just an estimate because we know the real number is much higher. Many of these cycle-related accidents go unreported,” Orlando says on the program. “It can be very serious and in some cases, it can really be life-changing.”

Due to the nature of cycling accidents, it’s rare for the injuries to be minor, says the critical injury lawyer.

Life-threatening injuries

“When you have obviously somebody on a bicycle and they are involved in a collision with a car, the car generally gets the better of that exchange,” says Orlando. “When people do have these devastating, life-changing injuries, the rehabilitation process is very long, very painful, and very costly.”

Under the Highway Traffic Act, explains Orlando, a bicycle is considered a vehicle on the roadway, and therefore must obey traffic laws.

“Cyclists should try to ride as close to right edge of the road as possible and do everything they can to make sure they’re visible,” he says, noting flashing lights, reflectors and reflective clothing are all beneficial.

“If a cyclist is injured or killed in a collision, the victim or their family members have a right to sue the at-fault motorist,” says Orlando. “The amount of compensation that a person receives will depend in part on the severity of injuries, but also in part on what precautions were taken and the allocation of fault between the cyclist and the motorist.”

Whether the cyclist was wearing a helmet and following the rules of the road will be taken into account, adds Orlando.